15 Amendments of Ignazio CORRAO related to 2013/0409(COD)
Amendment 36 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on provisional legal aid for suspects or accused persons deprived of liberty and legal aid in European arrest warrant proceedings
Amendment 43 #
Proposal for a directive
Recital 6
Recital 6
(6) The scope and content of the right to access to a lawyer are set out in Directive 2013/48/EU. A suspect or accused person in criminal proceedings should havebe granted the right of access to a lawyer from the time when they are made aware, by official notification or otherwise, by the competent authorities, that they are suspected or accused of having committed a criminal offence, and irrespective of whether they are deprived of liberty. That right applies until the conclusion of the proceedings, which is understood to mean the final determination of the question whether the suspect or accused person has committed the offense, including where applicable, sentencing and the resolution of any appeal.
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
Amendment 52 #
Proposal for a directive
Recital 9
Recital 9
(9) In order for suspects or accused persons who are deprived of liberty to be in a position to exercise effectively the right of access to a lawyer at the early stages of the proceedings, they should not have to wait for access to a lawyer pending the processing of the application for legal aid and the assessment of the eligibility criteria for legal aid. Member States should therefore ensure that effective provisional legal aid is available without undue delay after the deprivation of liberty and before any questioningbefore the performance of any procedural step which, under national or European law, has to be carried out in the presence of a lawyer, and it should be available at least until the competent authority has taken the decision on legal aid and, in cases of full or partial rejection, this decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effect.
Amendment 58 #
Proposal for a directive
Recital 11
Recital 11
(11) Requested persons in European arrest warrant proceedings who are deprived of liberty should have the right to provisional legal aid upon deprivation of liberty in the executing Member State, at least until the competent authority has taken the decision on legal aid and, in cases of full or partial rejection, that decision has become final, or, where the application for legal aid is granted, the appointment of the lawyer by the competent authority has taken effect.
Amendment 64 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to provide that the costs relating to provisional legal aid for suspects or accused persons deprived of liberty and costs relating to provisional legal aid for requested persons canmay be recovered from those persons if, in the subsequent assessment by the competent authority of whether they have a right to ordinary legal aid, they are final decision on legal aid is found to not meet the criteria to benefit from legal aid underlaid down by national law.
Amendment 68 #
Proposal for a directive
Recital 15
Recital 15
Amendment 85 #
Proposal for a directive
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the right to provisional legal aid for suspects or accused persons in criminal proceedings who are deprived of liberty, and
Amendment 90 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
a) suspects or accused persons in criminal proceedings, who are deprived of liberty and who have a right of access to a lawyer pursuant to Directive 2013/48/EU;
Amendment 101 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
b) provisional legal aid means legal aid to a person deprived of libertysuspect, an accused person, or a requested person until the decision on legal aid has been taken,
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) suspectsed or accused persons in criminal proceedings, who are deprived of liberty;
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) requested persons deprived of liberty in the executing Member State.
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Provisional legal aid shall be granted without undue delay after deprivation of liberty and in any event before questioningnd in any event before the performance of any procedural step which, under national or European law, has to be carried out in the presence of a lawyer.
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall be able to provide that the costs relating to provisional legal aid can be recovered from suspects or accused persons and requested persons who do not meet the eligibility criteria for legal aid as applicable under national law at the end of specific judicial proceedings in which the judgment has the force of res judicata.
Amendment 129 #
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)